THEMATIC STRATEGY ON SOIL PROTECTION

Niek de Wit

European Commission

DG Environment- Unit Agriculture, soil and forests

Soil is a practically non-renewable natural resource

Soil performs crucial functions for human activities and ecosystems survival

Soils are increasingly degrading or irreversibly lost across the EU=> the Community acquis is manifestly not sufficient

Costs of soil degradation are very high and are mainly borne by society and not by the land users

There is no specific EU legislation on soil protection, hence a need for a comprehensive protective approach

Commitment in the 6th EAP to adopt a Thematic Strategy on soil protection

WHY A THEMATIC STRATEGY ON SOIL?

1st meeting in Bonn in 1998 - creation of European Soil Forum

2nd meeting in Berlin in 1999 3rd meeting in Naples in 2001 Communication of the Commission « Towards a Soil Thematic

Strategy » in 2002 Positive Council Conclusions Very comprehensive stakeholder consultation: more than 400

organisations and experts involved during 2003/2004 Six volumes of recommendations from stakeholders (2004) Internet Consultation in 2005 with 2,000 replies Commission adoption of the proposal for a Soil TS in 2006

A LONG PREPARATION HISTORY

CONTENT OF THETHEMATIC STRATEGY

Communication

Proposal for a Soil Framework Directive

Impact Assessment

Communication COM(2006)231

COMMUNICATION

It lays down the objective of soil policy: the protection of soil functions across the EU

Sets out the four pillars of action

It indicates the next steps at EU level

LEGISLATIONProposal for a Soil Framework Directive COM(2006)232

RESEARCH

INTEGRATIONOF SOIL PROTECTION ASPECTS

AWARENESS RAISING

FOUR PILLARS OFEU SOIL POLICY

To protect a practically non renewable resource of common interest across the EU

To protect other media covered by the EU acquis

To address the transboundary impacts of soil degradation

To minimise the distortion of competition in the internal market

To enhance food safety of products freely traded in the EU

To diminish human health impacts

To play a leading role in the international arena

WHY A FLEXIBLE BUT LEGALLY BINDING

APPROACH AT EU LEVEL?

FILLING THE GAP

AIR legislation

SOIL legislation

NATURE legislation

WATER

legislation

Proposal for a Soil Framework DirectiveCOM(2006)232

Sealing

Erosion

Organic matter decline

Compaction

Salinisation

Landslides

Contamination

SOIL THREATS ADDRESSED IN DIRECTIVE

STRUCTURE OF THE DIRECTIVE

OBJECTIVE: Protection soil functions-Art. 1

• Integration in sectoral policies-Art. 3

• Precautionary measures-Art. 4

• Prevention of contamination-Art. 9

• Measures to limit or mitigate sealing-Art. 5

• Identification of risk areas for erosion, organic matter decline, compaction, salinisation, landslides-5 years-Articles 6, 7

• Identification of contaminated sites - 25 years- Artt. 10, 11, 12

• Programmes of Measures-Art. 8

• National Remediation Strategy-Artt. 13, 14

Protection of soil - the preservation of SOIL FUNCTIONS:

(a) biomass production, incl. agriculture & forestry;

(b) storing, filtering, transforming nutrients, substances, water;

(c) biodiversity pool, habitats, species and genes;

(d) physical and cultural environment for humans

and human activities;

(e) source of raw materials;

(f) acting as carbon pool;

(g) archive of geological and archaeological heritage

Measures for the prevention and restoration of degraded soils

OBJECTIVES – Art. 1

Integration – Art. 3Identify and assess the impacts of sectoral policies likely to exacerbate or reduce soil degradation processes.

Precautionary measures – Art. 4Obligation for land user to take precautions to prevent or minimise significant negative effects on soil functions.

Sealing – Art. 5Member States shall take appropriate measures to limit sealing or, where sealing is to be carried out, to mitigate its effects.

PREVENTIVE OBLIGATIONS

CONTAMINATIONArticle 10

Definition of “contaminated site”: a site where there is a confirmed presence, caused by man, of dangerous substances of such a level that Member States consider they pose a significant risk to human health or the environment. That risk shall be evaluated taking into account current and approved future use of the land

To limit

the (un)intentional introduction of dangerous substances

to avoid accumulation

that would hamper soil functions or

cause significant risks to human health or environment

Provision to be read in conjunction with other EU legislation

PREVENTIVE OBLIGATION CONCERNING DIFFUSE AND

LOCAL CONTAMINATION – Art. 9

CONTAMINATION

Obligation for Member States to establish an inventory of contaminated sites in 25 years and made it public, based at least on the following list of potentially soil-polluting activities contained in Annex II:

Seveso installations Airports Former military sites Dry cleaners Landfills of waste Pipelines for dangerous substances

INVENTORY AND IDENTIFICATION Articles 10 and 11

IPPC installations Ports Petrol and filling stations Mining installations Waste water treatment plants

Active Installation

FIRST STEP-INVENTORY

LOCATE THE ACTIVITIES - 5 YEARS

NON Active Installation

Soil Chemical Analysis National references values exceeded

On-site Risk Assessment

INVENTORY- 2nd and 3rd STEPS

National Reference

valuesexceeded

Assessment concludes significant risk for HH and ENV

NATIONAL INVENTORY

CONTAMINATED SITE

Assessment concludes NO significant risk for HH and ENV

Within 5 years: 10%

INTERMEDIATE OBJECTIVES OF THE IDENTIFICATION PROCEDURE – Art. 11(3)

Within 15 years: 60%

Within 25 years: 100%

: Investigation concluded to determine if contaminated site

Obligation to remediate contaminated sites: no deadline fixed Definition of remediation:

NATIONAL REMEDIATION STRATEGY – Articles 13 and 14

actions on the soil aimed at the removal, control, containment or reduction of contaminants, taking account of its current use and approved future use, so that the contaminated site no longer poses any significant risk to human health or the environment

Within seven years, draw up a National Remediation Strategy, including:

– remediation targets

– a prioritisation, starting with those sites which pose asignificant risk to human health

– a timetable for implementation

– funds allocated

When selling a site where there is or there has been a SOIL POLLUTING ACTIVITY

Buyer or seller provides it to the COMPETENT AUTHORITY and the other party in the transaction a report on the state of the soil

the background history of the site a chemical analysis concentration levels posing a risk

OBJECTIVES Inform the possible buyer – very similar provision in Energy

Efficiency Directive Inform the competent authorities and facilitate and speed up the

set up of the inventory of contaminated sites

SOIL STATUS REPORTArticle 12

Set up appropriate mechanisms to fund the remediation of the contaminated sites for which the polluter

cannot be identified

cannot be held liable under Community or national legislation

may not be made to bear the costs of remediation

MECHANISM FOR ORPHAN SITES – Article 13(3)

2006 2008 2010 2015 2017 2018

Implementation of Programmes of Measures

and National Remediation Strategies

Adoption

by the Commission

Adoption by the Council

and the Parliament

Transposition

in Member

States

ADOPTION of Programmes

of Measures National

Remediation Strategies

Identification

of risk areas Preliminary

identification of contaminated sites

Entire inventory to finish in 2035

APPLICATION of programmes of

Measures National

Remediation Strategies

TENTATIVE TIMETABLE

http://ec.europa.eu/environment/soil/index.htm